Can I Change My Vso During An Appeal Process Without Losing The Initial Appeal Date?

[JFizzle]

I currently with the DAV as my claim representative and have an appeal that has been pending since 2009. Is it possible to transfer representatives (to a non DAV rep) without losing my appeal date. My claim according to ebenefits is still at claim received (1st stage).... in October, I requested for a video conference but the progress is still the same... 1st stage... any incite or advice, recommendations are welcomed.... thanks in advance.

[lotzaspotz]

You can change reps at any time without affecting anything else related to your claim. Notify your RO and the Board of Veterans Appeals via certified mail that you are changing your representation.

I can tell you from personal experience that if you hire an attorney, your VSO organization will drop you almost immediately after you inform them. You're at the Board, apparently. I'd recommend you hire a VA attorney while you can still submit additional evidence that an attorney may recommend you obtain prior to your hearing.

Are you saying that you filed your initial appeal to the Board in 2009?

[Gastone]

You're going to get some real push back from your new VSO due to your appeal, they don't like to step in an appeal, but if you push they will. Just be sure the NEW VSO of choice is better suited to reping you than DAV. As far as loosing your place in line, what does DAV say your place is? You might want to find a VARO VSO that has had significant experience with BVA Video Hearings.

Why do you want to change VSOs at the 11th hour?

My VSO-rep never contacted me, nor returned my calls after my 6/08 claim. I finally switched 2011 with (2) NOD DRO Hearings (09 & 12) pending. The 09 DRO hearing finally took place 06/14. Really wouldn't say, the switching VSOs added any time but who really knows.

Semper Fi

Gastone

[JFizzle]

Thanks for the responses.

Yes my initial appeal (still pending) was submitted in 2009. I have since then filed 2 new claims that have finished. Every time I would ask about this claim prior to my video conference request in October 2014, they tell me they do not know why the claim is still resting in the initial phase. I would do this twice a year.... it wasn't until I moved to a new state that my new DAV rep suggested a video appeal to maybe speed up the process.

I would like for the reps I am dealing with to be more proactive and informative as it relates to this delay for the initial review.

I remember asking DAV about switching and they told me I would lose my retro date and to give the process time..... 3 years later, pretty much in the same boat.

[lotzaspotz]

Your effective date is based on when you filed the claim and has nothing to do with who represents you. You can even choose to get rid of any VSO representation and represent yourself. As for what is going on at the Board, that's far too long for an appeal to be pending. I have filed a writ of mandamus under far less lengthy circumstances that got an appeal blasted out of the Appeals Management Center. I lost the writ because the VA finally did what I asked them to do, thus the writ became moot.

If you don't feel comfortable doing this on your own, I'd recommend you get an attorney to do it. If your Board appeal is denied and you need to then appeal in to the Court of Veterans Appeals, you will best be served by getting an attorney to handle that, anyway, so you might as well be one step ahead of the game. JMO.

[Buck52]

You don't really need a VSO all you need is help here at hadit!

Be your own Advocate! however I Agree with lotzaspotz you need an attorney going in front of the BOARD.

jmo

....................Buck

Edited May 26, 2015 by Buck52